Legal Question in Real Estate Law in Maryland

I took my tenant to rent court in Nov 2009 and received a judgment for 2 months rent and late fees. An eviction was subsequently scheduled for Jan 7, 2010. On the day of eviction I entered the rental home with the sheriff and found that several pipes had burst and water was everywhere. The gas and electric company told me that the utilities were turned off Dec 19, 2009. Several neighbors independently told me that the tenant moved out about a week or so before Christmas. Can I sue the tenant for negligence, for not informing me that she was moving out just prior to a much publicized major snow storm and that there would be no heat in the house? Insurance will cover the loss but I have a $1000 deductible.

It was also determined by the Restoration Company that the kitchen, which was added to the home before I purchased it, was not up to code, unbeknownst to me. So now I must spend more money out of my pocket to correct issues that had gone unnoticed in the 12 years since I have had the house. I lived in the home myself from 1999 to 2002.


Asked on 1/19/10, 10:07 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You could sue the tenant but at this juncture you must determine whether any judgment you get is collectible. If she's working and you know who the employer is, you could file a wage attachment against the employer.

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Answered on 1/25/10, 7:10 am


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